S.Sivakumar, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 14103 of 2017 S.Sivakumar ... Petitioner -Vs1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Salaigramam Police Station, Sivagangai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission and necessary police protection to perform the cultural programme (i.e) Dance programme on 02.08.2017 at 6.00 p.m to 11.00 pm in the festival of Sri Muthumariyamman Thirukovil, Mulaippari Thiruvizha at South Samuthiram, Ilaiyankudi Taluk, Sivagangai District.
For Petitioner : Mr.V.Manikandan For Respondents : Mr.A.K.Baskara Pandian, Special Government Pleader.
O R D E R
The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus directing the respondents to grant permission and necessary police protection to perform the cultural programme (i.e) Dance programme on 02.08.2017 at 6.00 p.m to 11.00 pm in the festival of Sri Muthumariyamman Thirukovil, Mulaippari Thiruvizha at South Samuthiram, Ilaiyankudi Taluk, Sivagangai District.
2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Adal Padal" dance programme on 02.08.2017 in connection with festival in "Sri Muthumariyamman Thirukovil Mulaippari Thiruvizha" at South Samuthiram, Ilaiyankudi Taluk, Sivagangai District. He further submitted that in this connection, a representation was given to the second respondent on 17.07.2017, with a request to grant permission and protection to conduct the programme on the above said date. However, the respondents police have not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.
3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
4. The learned Special Government Pleader appearing for the respondents stated that the programme is likely to attract the public from nearby villages and that therefore permission may be granted subject to stringent condition.
5. Taking into consideration the facts of the present case and the fact that such programmes are being organized and conducted in every villages all over the state, preventing the petitioner from conducting such programme in this particular village will amount to discrimination. However, taking into account the objections of the respondent police, this Court is inclined to pass the following direction:- The second respondent/Inspector of Police, Salaigramam Police Station, Sivagangai District is directed to consider the representation of the petitioner, dated 17.07.2017 and to give permission and to provide police protection for "Adal Padal" dance programme in connection with the festival in "Sri Muthumariyamman Thirukovil Mulaippari Thiruvizha" at South Samuthiram, Ilaiyankudi Taluk, Sivagangai District, scheduled to be held on 02.08.2017, subject to the following conditions;
(a) the "Adal Padal" programme in connection with the festival in "Sri Muthumariyamman Thirukovil Mulaippari Thiruvizha"atSouth Samuthiram, Ilaiyankudi Taluk, Sivagangai District, scheduled to be held on 02.08.2017 should be completed before 10.30 p.m. (b) there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants;
(c) double meaning songs should not be played so as to spoil the minds of students and the youth; (d) no dance or songs, touching upon any political party or religion, community or caste be played; (e) no flex boards in support of any political party or religious leader be erected;
(f) the function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(g) if there is any violation of any one of the conditions imposed, the concerned Police Officer is at
liberty to take necessary action, as per law and stop such performance;
(h) similarly, the Police is empowered to stop the dance programme, if it exceeds beyond the permitted time;
(i) the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme; and (j) if any untoward incident takes place, the organizers of the programme be made responsible for the same.
6. It is open to respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity. There can be a total ban for putting of any Flex Boards representing any community.
7. With the above directions, the Writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Salaigramam Police Station, Sivagangai District.
+1cc to M/S.V.Manikandan, Advocate SR.No. 68786 W.P.(MD) No. 14103 of 2017 28.07.2017 MSA JM/SKN RSK/SAR 2/31.07.2017/3P/4C